SB 1878

Abstract

Amends the Unified Code of Corrections. Creates a Misdemeanor Retail Theft and Theft Diversionary Program. Provides that when any person who has not previously been convicted of any felony offense under the laws of this State or the laws of another state or federal law which would be classified as a felony offense in this State is arrested for and charged with a misdemeanor offense of theft or retail theft, with the consent of the defendant and the State's Attorney, may continue the matter to allow the defendant to participate and complete the Misdemeanor Retail Theft and Theft Diversionary Program. Provides that the conditions of the Program shall be that the defendant: (1) not violate any criminal statute of this State or any other jurisdiction; (2) refrain from possessing a firearm or other dangerous weapon; and (3) make full restitution to the victim or property owner plus 10% of the cost of the stolen item. Provides that upon fulfillment of the terms and conditions of the Program, the State's Attorney shall dismiss the case or the court shall discharge the person and dismiss the proceedings against the person. Makes other changes. Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that when any person who has not previously been convicted of a violation of certain financial crime enterprise offenses or convicted of any similar offense in another state is arrested for and charged with a misdemeanor offense of theft or retail theft, the court may with the consent of the defendant and the State's Attorney, continue the matter to allow the defendant to participate and complete the Misdemeanor Retail Theft and Theft Diversionary Program (in the introduced bill, when any person who has not previously been convicted of any felony offense under the laws of the State or the laws of another state or federal law which would be classified as a felony offense in the State is arrested for and charged with a misdemeanor offense of theft or retail theft, with the consent of the defendant and the State's Attorney, the court may continue the matter to allow the defendant to participate and complete the Misdemeanor Retail Theft and Theft Diversionary Program). Provides that a person may only have one discharge and dismissal under the Program within a 3-year period.